The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-03-17

lOE WHICH SCCu nQUCr ID required. l9c KIND anu
quantity desired that il is not intended to be
used as a beverage, nor 10 sell, rOr TO give
away. and it is intended only for his own use,
and that the applicant is over twenty-ore years
of age; such affidavit shall be in the following
form:
Date -. No. -.
State OF Kansas, County OF -. S.:
1. the undersigned, do so!emnly swear that my
real name is -; that 1 reside at -,
County, State OF -. that - OF - is re-
Quired by mysolf to be used for -; that it is
not intended for a beverage. ror to sell nor
to give away, and that I am over twentv-one
years OF age Therefore make application to
- druggist, for said liquor.
Subscribed in my presence and sworn to be-
fore me- this - day of -.
And there shall be but one sale and one de-
livery on any one afidavit. but no druggist shall
permit the drinking on his premises, nor in any
apartment connected Herewith and under his
control, any Of the intoxicating liquors pur-
chased by affidavit or otherwise: Provided, such
druggist shall be permitted to sell any of the
liquors mentioned herein, in quantities not less
than one gallon, 70 any other druggist within
the State holding permit as provided in this
act. The affldayits provided for in this section
shall be made before the pharmacist assist
on proper printed blanks, which ii is hereby
made the duty Of the county Clerk OF the county
in which Suoh sales are made to furnish to
such druggists at cost equal to the actual and
necessary outlay made by him. Such blanks
shall be in series of 100 each, numbered from
one TO 100 consecutively, and bound in book
form, each series being OF uniform style through
out, except that TO two Of the blanks Of the
same series shall be OF the same number. 1t
n tha 0rfntv
to indorse each such book with the date OF de-
livery and to whom made, to sign such indorse
ment, and attest the same with his official seal,
and to keep two exact printed copies except as
to numbers of the blanks OF each series, one of
which shall be filed IN this once. and one in the
probate judges office; he shall also keep a
record Of the series and Of the number Of each
SERIES OF such blanks furnished to each drug
gist, and shall, within ten days after the same
are delivered TO such druggist, file copy there
OF, together with = whole copy Of the blank am
davits, in the office of the probate judge OF his
county. For such services the county clerk
shall be entitled to a fee of twenty five cents
for each series Of blanks furnished, TO be paid
by the druggist obtaining such blanks. All
pharmacists and assistant pharmacists are
hereby empowered to administer oaths for the
purposes Of this act, and no such affidavIt shall
be received by any pharmacist or assistant
pharmacist until it shows on its face that it has
been properly subscribed and sworn to by the
applicant. The arldsvits provided for in this
section shall be retained by the druggist in the
original book form, and on or before the first
day of each month shall, together with
the affidavit of such druggist that the
liquors tferein mentioned are all OF the
intoxicating liquors sold by him during The
month. except the liquors sold to other drug
gists, be so filed in the Office of the probate
Judge who issued his permit where they shall
be safely kept for the period of two years from
the date Of the filing. Before said affidavit
shall be received or filed by said probate judge,
he shall make strict examination Of the copies
of afidavits and record OF numbers thereof fur
nished him by the county clerk, and ascertain
whether such druggist has returned all affida-
Wits furnished him in blank by the county clerk,
and if any such affidavit or blank is missing,
said probate Judge shall require the druggist to
file instead thereof his affidavit, showing as
near as he can what has become of such atflda-
Wit or blank. And any person having permit
to sell intoxicating liquors under the provisions
of this act shall each month. at the time he files
the affidavit herein provided for, also file with
the probate judge an affidavit setting forth the
amounts and kinds Of liquors. as nearly as can
be done. which such person or firm Of which he
is member has on hand on the day such afh
davit Is made as well as the amount and kinds
of liquors he has purchased or procured during
the preceding month, and the name or the names
of the persons companies or corporations and
their place OF doing business, from whom, and
the dates on which said liquors were purchased
or procured. For each series OF aftdavits flied
under the provisions OF this act the probate
Judge shall collect s1.5o from the druggist filing
the same, or the proper proportionate part
thereof for the number fled, which shall be pGid
by him on the first day Of each month into the
county treasury for the benefit of the general
county fund. The probate judge shall receive
no fees for his services under this act, except
ing salary OF SIS per annum for each 1.0oO in
habitants in such county, the number to be de-
termincd by the last annual census return OF
such county. but in no case shall such salary
exceed. in the aggregate, the sum of $1,000 per
annun, TO be paid by the county commissioners
as other salaries. Every person whose affidavit
so made for the purpose of obtaining intoxic2t-
ing liquors shall be false in any material matter,
shall be deemed guilty of perjury, and shall be
punished by confinement and hIrd labor for
period not exceeding two years, or by conline
ment in the county jail not less than
six months. Any person who shall sub
scribe any naIne or character other than
his own name to any affidavit for the
purpose OF obtaining Intoxicating liquors as pro-
vided herein, shall be deemed guilty of forgery
in the fourth degree, and punished therefor as
now provided by law for forgery in such degree.
Any person who shall sell or furnish any intOxi-
eating liquors SO obtained BY him upon affidavit
or certificate to others as a beverage, or shall
use the sans as a beverage, shall be deemed
guilty OF u miSdcmeanOr and upon conviction
thereof shall be punished by fine Of not less
than 500 nor more than 500, and by imprison-
ment in the county Jail not less than thirty days
nor more than ninety days. Every such drug
gist shall keep u book wherein shall be recorded,
daily, all sales OF Intoxicating liquors made by
him or his employees, showing the name and
residence of the purchaser, the kind and guam
tity OF the liquor sold, the purpose for which 1t
was sold and the date of the sale Such record
ard affidavit shall be open for the inspection OF
the public AZ all reasonable times during busi-
ness hours, and any person so desiring may
take memoranda or copies thereof.
Section 3. That section 9, chapter 12s, OF the
laws OF 1851, as amended by section q, Of chapter
149 of the laws Of 1873, be amended so as to
read as follows: Section Q. Any druggist or
or assistant pharmacist in his EN-
ploy who shall fail or neglect TO make and
keep q record as herein provided, of any intoxi-
eating liquors sold by him before the same are
or shall refuse any person an exami-
nation OF such records. or the taking of Z mem
oranda or copy thereof at any time during busi-
ness hours; or who shall sell, barter or give
away any such liquors 1T any place rot desig
mated in his permit, or upon any GifidaVit other
than those herein provided; or shall make any
false affidavit as to any sales made b. him or
his employees. or shall fail to sign the certid-
oate 10 the signature Of any applicant for such
liquor. prior to the delivery thereof, or shall
sign any false certificate TO any such affidavit:
or shall mutilate or remove any aIficvitS from
the book to him issued as aforesaid; or shall
fail to return the same as hereinbe:ore provided;
or shall sell any Intoxicating liquor to any per-
son whom he has reason to believe desires
the same to use as a beverage; or sell liquor
when he mas reason to believe the liquor sold is
not a remedy for the ailment described in the
affidavit therefor; or shall sell, barter or give
away any Intoxicating liquor to any minor. any
person who is under the influence of liquor or